Military Sexual Assault: Chronology of Activity in Congress and Related Resources

Military Sexual Assault: Chronology of
Activity in Congress and Related Resources
Barbara Salazar Torreon
Information Research Specialist
July 30, 2013
Congressional Research Service
7-5700
www.crs.gov
R43168
CRS Report for Congress
Prepared for Members and Committees of Congress
Military Sexual Assault: Chronology of Activity in Congress and Related Resources
Summary
This report focuses on activity in Congress regarding recent high profile incidents of sexual
assault in the military. Included are separate sections on the official responses related to these
incidents by the Department of Defense (DOD), the Administration, and Congress including
legislation in the 113th Congress. The last section is a resource guide for sources in this report and
related materials on sexual assault and prevention.
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Military Sexual Assault: Chronology of Activity in Congress and Related Resources
Contents
Introduction...................................................................................................................................... 1
Department of Defense and the Administration’s Actions ............................................................... 1
DOD Officials in Charge of Sexual Assault and Prevention ..................................................... 6
Congressional Action and Legislation (113th Congress) .................................................................. 6
Resources ....................................................................................................................................... 15
Government Sources ............................................................................................................... 15
Department of Defense...................................................................................................... 15
Government Accountability Office (GAO) ....................................................................... 16
Veterans Affairs (VA) ........................................................................................................ 16
White House ...................................................................................................................... 16
Selected Articles, Studies and Reports .................................................................................... 16
News Articles .................................................................................................................... 16
Scholarly Journals, Reports and Studies (non-government) ............................................. 20
House and Senate Hearings ............................................................................................... 21
House and Senate Reports ................................................................................................. 23
Websites (non-government) .............................................................................................. 23
Tables
Table 1. Key Bills in the 113th Congress ........................................................................................ 13
Contacts
Author Contact Information........................................................................................................... 23
Acknowledgments ......................................................................................................................... 23
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Military Sexual Assault: Chronology of Activity in Congress and Related Resources
Introduction
There have been numerous reports recently in the media on sexual assault incidents in the U.S.
armed services. In many cases, such reports were followed by questions on what actions the
Department of Defense (DOD), the Administration, and Congress have taken to address the issue.
This report lists a comprehensive chronology of official activities in response to incidents of
military sexual assault, as well as legislative action on the issue. The report is divided into three
sections: the Department of Defense (DOD) and the Administration’s actions, Congressional
action, and legislation in the 113th Congress, as well as a resources section with citations and links
to related articles, hearings, and reports. Information in this report was compiled from official
government websites such as the Department of Defense, the White House, Veterans Affairs
(VA), and the Legislative Information Service (LIS) at http://www.congress.gov.
Department of Defense and the Administration’s
Actions
June 13, 2012 – DOD announced Army Major General Gary S. Patton as the new director of the
Sexual Assault Prevention and Response Office (SAPRO).1
September 25, 2012 – As part of the DOD’s efforts to confront the crime of sexual assault in the
military, then Secretary of Defense Leon Panetta announced improvements to prospective
commander and senior enlisted training and a review of the initial military training environment
in every service.2 The full text of the Evaluation of Pre-Command Sexual Assault Prevention and
Response Training report and Secretary Panetta’s directives are available at http://www.sapr.mil/
index.php/training/training-servicemembers-and-commanders.
December 21, 2012 – DOD released key findings from the Academic Program Year (APY) 20112012 Report on Sexual Harassment and Violence at the United States Military Service
Academies.3 According to this report, the overall rate of unwanted sexual contact increased in all
three military academies. Compared to 2011, the Air Force Academy in Colorado showed the
largest increase in sexual assaults from 33 to 52 in 2012. Sexual assaults at the Naval Academy in
Annapolis, MD, increased from 11 to 15, and the numbers were up at West Point, NY, from 10 to
13 in 2012.4
January 18, 2013 – DOD announced the release of the 2012 Workplace and Gender Relations
Survey of Reserve Component Members. This report included rates of unwanted sexual contact,
1
“New Sexual Assault Prevention and Response Director Named, ” DOD News, June 13, 2012, at
http://www.defense.gov/releases/release.aspx?releaseid=15366
2
“Department of Defense Expands Sexual Assault Prevention Efforts,” DOD News, September 25, 2012, at
http://www.defense.gov/releases/release.aspx?releaseid=15585
3
“DOD Evaluates Sexual Harassment and Prevention Response Efforts at Military Academies,” DOD News,
December 21, 2012, at http://www.defense.gov/releases/release.aspx?releaseid=15756
4
“Defense Department Press Briefing via Teleconference with Maj. Gen Patton and Lt. Col. Galbreath on the Annual
Military Academy Sexual Assault Report,” DOD News Transcript, December 21, 2012, at http://www.defense.gov/
transcripts/transcript.aspx?transcriptid=5170
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unwanted gender-related behaviors (i.e., sexual harassment and sexist behavior), and gender
discriminatory behaviors and sex discrimination reported by survey respondents during the past
12 months.
March 7, 2013 – Defense Secretary Chuck Hagel, in a letter responding to Members of Congress,
wrote that an internal review was being conducted of a decision by a senior Air Force
commander, Lt. Gen. Craig Franklin, to overturn the sexual assault conviction of an Air Force
fighter pilot, Lt. Col. James Wilkerson. Colonel Wilkerson was found guilty in November 2012 of
aggravated sexual assault and was sentenced to one year in military prison. Lt. General Franklin’s
decision to overturn the findings of the court-martial freed Colonel Wilkerson, and allowed him
to be reinstated in the Air Force. In his letter, Hagel said that while General Franklin’s decision
could not be overturned, he had asked Pentagon lawyers and the Secretary of the Air Force to
review the way in which General Franklin decided the case. He also said he wanted a review of
whether the military should change the way it handles sexual assault cases.
April 2, 2013 – Secretary Chuck Hagel stated in a message to all DOD personnel on Sexual
Assault Awareness and Prevention Month that, “Together, we must work every day to instill a
climate that does not tolerate or ignore sexist behavior, sexual harassment, or sexual assault.
These have no place in the United States military and violate everything we stand for and the
values we defend.”5
April 8, 2013 – Secretary Hagel announced that DOD’s Office of General Counsel will review
Article 60 of the Uniform Code of Military Justice (UCMJ) after an Air Force officer’s courtmartial conviction for sexual assault was dismissed using the authority provided by Article 60.6
May 6, 2013 – The Office of the Secretary of Defense released a 24-page memorandum from
Secretary Hagel to all heads of the military services regarding DOD’s 2013 Sexual Assault
Prevention and Response Strategy, and the release of the Annual Report on Sexual Assault in the
Military 2012 (2 volumes).7 According to this report, in FY2012 (October 1, 2011, through
September 30, 2012), the number of sexual assaults reported by members of the military rose 6%
to 3,374 in 2012. An anonymous survey of military personnel showed the number of service
members who had experienced unwanted sexual contact could be as many as 26,000 but most
never reported the incidents. That number is an increase over the 19,000 estimated assaults in
2011. These reports involved offenses ranging from abusive sexual contact to rape.8
May 7, 2013 – In a DOD press briefing, Secretary of Defense Chuck Hagel and Major General
Gary Patton, director of the Sexual Assault Prevention and Response Office, announced new
series of actions to further DOD’s sexual assault and prevention efforts. Hagel directed service
chiefs to develop methods to hold all military commanders accountable for establishing command
5
“Message to the Department of Defense from Secretary Chuck Hagel on Sexual Assault Awareness and Prevention
Month,” DOD News Release, April 2, 2013 at http://www.defense.gov/releases/release.aspx?releaseid=15903
6
“Statement from Secretary Hagel on Sexual Assault Prevention and Response,” DOD News Release, April 8, 2013, at
http://www.defense.gov/releases/release.aspx?releaseid=15917
7
Department of Defense, Annual Report on Sexual Assault in the Military Fiscal Year 2012, at http://www.sapr.mil/
index.php/annual-reports
8
Lolita C. Baldor and Donna Cassata, “Most Military Sexual Assault Cases Go Unreported,” Military.com, May 8,
2013, at http://www.military.com/daily-news/2013/05/08/most-military-sexual-assault-cases-go-unreported.html
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climates of dignity and respect in incorporating sexual assault prevention and victim care
principles in their commands.9
May 7, 2013 – DOD announced the establishment of the Response Systems to Adult Sexual
Assault Crimes Panel consisting of nine selected appointees. Secretary of Defense Hagel has
appointed five members to serve on the response systems panel, who will join four members
appointed by the chairman and ranking member of the Senate Armed Services Committee, and
the chairman and ranking member of the House Armed Services Committee.10 The panel is to
convene its first meeting no later than July 1, 2013.
May 14, 2013 – The Army announced that an Army sergeant first class assigned to III Corps, Fort
Hood, TX, was under investigation for pandering, abusive sexual contact, assault, and
maltreatment of subordinates.11
May 15, 2013 – Returning from NATO meetings in Brussels, the Chairman of the Joint Chiefs of
Staff, Army Gen. Martin E. Dempsey, told reporters that sexual assault in the Armed Forces
constitutes a crisis in the military. He further stated that “We’re losing the confidence of the
women who serve that we can solve this problem, and that’s a crisis.”12
May 16, 2013 – At the White House, President Obama met with senior military leaders on the
issue of sexual assault in the U.S. Armed Forces. The President stated that not only is it “shameful
and disgraceful” but also “dangerous to our national security.”13
May 17, 2013 – During a press briefing, Defense Secretary Hagel and Chairman of the Joint
Chiefs of Staff Army Gen. Martin Dempsey discussed their meeting with President Obama, Vice
President Biden, and senior enlisted and officer leadership in the U.S. military. Dempsey told the
Armed Forces Press Service that he believes that the long wars in Iraq and Afghanistan may be
factors in the growing incidents of sexual assault. He also stated that: “If a perpetrator shows up
at a court-martial with a rack of ribbons and has four deployments and a Purple Heart, there is
certainly a risk that we might be a little too forgiving of that particular crime.”14
May 17, 2013 – In an interview, Air Force Chief of Staff, Gen. Mark Walsh, said that sexual
assaults in his branch of the military typically involve alcohol use and can be traced to a lack of
respect for women. “We have a problem with respect for women that leads to many of the
9
“Department of Defense Press Briefing with Secretary Hagel and Maj. Gen. Patton on the Department of Defense
Sexual Assault Prevention and Response Strategy from the Pentagon,” DOD Transcript, May 7, 2013, at
http://www.defense.gov/transcripts/transcript.aspx?transcriptid=5233
10
“DOD Announces Establishment of the Response Systems to Adult Sexual Assault Crimes Panel,” DOD News
Release, May 7, 2013, at http://www.defense.gov/releases/release.aspx?releaseid=15983
11
“Army Announces Investigation at Fort Hood, Texas,” DOD News Release, May 14, 2013, at
http://www.defense.gov/releases/release.aspx?releaseid=16005
12
Jim Garamone, “Dempsey: Sexual Assault Constitutes Crisis in Military,” American Forces Press Service, May 15,
2013, at http://www.defense.gov/news/newsarticle.aspx?id=120054
13
“Remarks by the President After Meeting on Sexual Assault in the Military,” White House Press Office, May 15,
2013, at http://www.whitehouse.gov/the-press-office/2013/05/16/remarks-president-after-meeting-sexual-assaultmilitary
14
“Department of Defense News Briefing with Secretary Hagel and Gen. Dempsey from the Pentagon,” DOD
Transcripts, May 17, 2013 at http://www.defense.gov/transcripts/transcript.aspx?transcriptid=5241
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situations that result in sexual assault in our Air Force,” he told reporters in his Pentagon office.15
Walsh further stated that combatting the crisis is his top priority and that he reviews every
reported case of sexual assault. Last year, 792 cases were reported in the Air Force.
May 22, 2013 – The Pentagon announced that DOD’s sexual assault prevention staff would be
exempt from furloughs. According to Pentagon spokeswoman, Cynthia O. Smith, “The full-time
civilians working these programs and implementing policies will not be furloughed. This will
ensure responsive victim care and ensure all the programs recently directed by Secretary Hagel
are implemented swiftly and efficiently.”16
May 24, 2013 – President Obama addressed graduates of the U.S. Naval Academy in Annapolis,
MD, and noted in his commencement speech that the misconduct of some in the military can
endanger U.S. forces and undermine U.S. efforts to achieve security and peace worldwide. He
further stated that those who commit sexual assault are not only committing a crime, they also
“threaten the trust and discipline that make our military strong.”17
May 25, 2013 – In a commencement speech at the U.S. Military Academy at West Point, NY,
Defense Secretary Chuck Hagel told graduates that they must be the generation of leaders that
will commit to building a culture of respect for every member of the military. He stated that
sexual harassment and sexual assault in the military “are a profound betrayal of sacred oaths and
sacred trusts.” He also quoted President Obama’s remarks at the Naval Academy when he said,
“these crimes have no place in the greatest military on earth.”18
May 30, 2013 – Pentagon officials reaffirmed DOD’s commitment to fighting sexual assault by
launching the Safe HelpRoom, http://SafeHelpline.org, a Sexual Assault Support Service for the
DOD community. This new service allows victims to participate in moderated group chat sessions
to connect with and support one another in a secure online environment. The Safe HelpRoom is
in response to a need for peer support services identified by users of DOD’s Safe Helpline for
sexual assault victims.19
June 6, 2013 – In a speech at the 2013 Joint Women’s Leadership Symposium, Navy Adm. James
A. Winnefeld Jr., vice chairman of the Joint Chiefs of Staff, said plans to combat and eliminate
sexual assault include a greater investment in specially trained sexual assault investigators and a
push for more psychological, medical, and legal assistance for victims. “We’re looking closely at
implementing force-wide the Air Force’s Special Victims Counsel Pilot Program,” he said. “If it’s
working, I think we should use it.”20 The vice chairman also said officials will examine the
15
Robert Burns and Lolita C. Baldor, “General: Sex Abuse Trend Linked to Respect Issue,” Associated Press, May 17,
2013, at http://www.military.com/daily-news/2013/05/17/general-sex-abuse-trend-linked-to-respect-issue.html
16
Chris Carroll, “Hagel: No Furloughs for Sexual Assault Prevention Staff,” Stars and Stripes, May 22, 2013, at
http://www.stripes.com/hagel-no-furloughs-for-sexual-assault-prevention-staff-1.222114
17
“Remarks by the President at the United States Naval Academy Commencement,” White House Press Office, May
24, 2013, at http://www.whitehouse.gov/the-press-office/2013/05/24/remarks-president-united-states-naval-academycommencement
18
“United States Military Academy Commencement,” As Delivered by Secretary of Defense Chuck Hagel, West Point,
NY, Saturday, May 25, 2013, Office of the Assistant Secretary of Defense (Public Affairs) , May 25, 2013, at
http://www.defense.gov/speeches/speech.aspx?speechid=1782
19
Terri Moon Cronk, “Officials Reaffirm DOD’s Commitment to Fighting Sexual Assault,” American Forces Press
Service, May 30, 2013, at http://www.defense.gov/news/newsarticle.aspx?id=120176
20
Amaani Lyle, “Vice Chairman Lauds Women as Teammates, Decries Sexual Assault,” American Forces Press
(continued...)
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scientific roots of behavioral factors associated with potential predators, which will assist sexual
assault prevention efforts.21
June 7, 2013 – The Pentagon released a statement that Maj. Gen. Michael T. Harrison was
suspended of his duties as the Commanding General of United States Army Japan and I Corps for
failing in his duties as a commander to report or investigate an allegation of sexual assault.22
June 7, 2013 – Air Force officials announced Maj. Gen. Margaret H. Woodward has been
assigned to direct the Air Force Sexual Assault Prevention and Response Office to replace Lt.
Col. Jeffrey Krusinski, the former chief of the Air Force Sexual Assault Prevention and Response
Program. He was arrested and charged by Arlington County, VA, police for allegedly being drunk
and groping a woman in a parking lot one mile from the Pentagon. His trial date has been set for
July 18. Last year, Maj. Gen. Woodward led the investigation of Air Force training in the wake of
a sexual assault scandal centered at Lackland Air Force Base, Texas.23
June 24, 2013 – The Navy announced that it fired an officer from his job overseeing billions of
dollars in information-technology contracts, citing the results of an inquiry into an “improper
relationship.”24
June 27, 2013 – Defense Secretary Hagel met in person with the Sexual Assault Response
Systems Review Panel for the first time. According to the Pentagon, “the panel will conduct an
independent review and assessment of the systems used to investigate, prosecute, and adjudicate
crimes involving sexual assault and related offenses under the Uniform Code of Military Justice,
and will develop recommendations to improve the effectiveness of those systems.”25 DOD
established the panel in accordance with the National Defense Authorization Act for Fiscal Year
2013 (P.L. 112-239, Sec. 576 (a)). Previously, Hagel held a teleconference with panel members.
July 9, 2013 – DOD Inspector General (IG) released its report, Joint Warfighting and Readiness
Evaluation of the Military Criminal Investigative Organizations Sexual Assault Investigations.
The report evaluated the Military Criminal Investigative Organizations’ (MCIOs’) sexual assault
investigations in 2010 to determine whether they were adequately investigated. The report found
most MCIO investigations (89%) met or exceeded the investigative standards and returned only
cases with significant deficiencies (11%) to the MCIOs for corrective action.26
(...continued)
Service, June 6, 2013 at http://www.defense.gov/news/newsarticle.aspx?id=120232
21
Ibid.
22
“Army Suspends Major General,” DOD News Release, June 7, 2013, at http://www.defense.gov/releases/
release.aspx?releaseid=16083
23
Chris Carroll, “Woodward to Lead AF Sex Assault Prevention Program,” Stars and Stripes, June 7, 2013 at
http://www.stripes.com/news/us/woodward-to-lead-af-sex-assault-prevention-program-1.224957
24
Erik Slavin, “Navy Captain Relieved Over ‘Improper Relationship,’” Stars and Stripes, Jun 25, 2013,
http://www.military.com/daily-news/2013/06/25/navy-captain-relieved-over-improper-relationship.html?ESRC=eb.nl
25
DOD News, “Hagel Meets With Sexual Assault Response Systems Review Panel,” American Forces Press Service,
June 27, 2013, at http://www.defense.gov/news/newsarticle.aspx?id=120375
26
DOD Inspector General, Joint Warfighting and Readiness Evaluation of the Military Criminal Investigative
Organizations Sexual Assault Investigations, July 9, 2013, at http://www.dodig.mil/pubs/report_summary.cfm?id=5227
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July 18, 2013 – The Air Force adopted two new measures to eliminate sexual assault from within
the ranks, including requiring mandatory discharge for airmen, officer or enlisted, who commit
sexual assault, and requiring the Air Force’s most senior commanders to review actions taken on
these cases.27 In addition, the Air Force Academy is reviewing the results of a survey on sexual
assault taken on June 24, 2013. Suggestions from survey respondents ranged from involving
faculty with character coaching to a complete revamping of how the Air Force Academy trains its
freshmen.28
July 18, 2013 – Secretary of the Navy Ray Mabus announced additional resources for
investigators and a new initiative designed to enhance accountability and transparency across the
Navy. Mabus approved nearly $10 million to hire more than 50 additional Naval Criminal
Investigative Service (NCIS) Family and Sexual Violence Program personnel to shorten
investigation times, and directed the Navy and Marine Corps to regularly publish online the
results of each service’s courts- martial.29
DOD Officials in Charge of Sexual Assault and Prevention
Secretary of Defense - Major General Gary S. Patton, Director of the Sexual Assault and Prevention and Response
Office (SAPRO) at http://www.sapr.mil/
Air Force - Major General Margaret H. Woodward, Director of the Air Force Sexual Assault Prevention and
Response Program (SAPR) at http://www.afpc.af.mil/library/sapr/index.asp
Army - Carolyn Collins (Civilian), Director, Army Sexual Harassment/Assault Response and Prevention (SHARP)
Office at http://www.sexualassault.army.mil/
Navy - Jill Vines Loftus (Civilian), Director, Department of the Navy (DoN) Sexual Assault and Prevention and
Response Office (SAPRO) at http://www.donsapro.navy.mil/
Marine Corps - Colonel Michael Hudson, Sexual Assault and Prevention and Response Branch Head at
https://www.manpower.usmc.mil/portal/page/portal/M_RA_HOME/MF/D_Sexual%20Assault%20Prevention
Source: DOD official websites for the Armed Services
Congressional Action and Legislation (113th
Congress)
The following information was compiled using the Legislative Information Service (LIS),
Congressional Quarterly (CQ.com), House.gov, Senate.gov, Roll Call, and Bloomberg (BGOV).
January 23, 2013 – The House Armed Services Committee held a hearing on sexual misconduct
at Lackland Air Force Base in San Antonio, TX.
27
Staff Sgt. David Salanitri, “Secretary of the Air Force Public Affairs Air Force Holding Airmen Accountable:
Mandatory Discharge for Sexual Assault,” Air Force, July 18, 2013, at http://www.af.mil/news/story.asp?id=
123356421
28
Don Branum, “Academy Reviewing Results of Sexual Assault Survey,” Air Force Academy Public Affairs, July 18,
2013, at http://www.usafa.af.mil/news/story.asp?id=123356570
29
Defense Media Activity - Navy, “SECNAV Announces New Initiatives to Help Combat Sexual Assault,” July 18,
2013 at http://www.navy.mil/submit/display.asp?story_id=75447
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January 25, 2013 – H.R. 430, Protect Our Military Trainees Act, was introduced. This legislation
would amend the Uniform Code of Military Justice to protect new members of the Armed Forces
who are undergoing basic training from the sexual advances of the members of the Armed Forces
responsible for their instruction. It also requires that violators be punished as a court-martial may
direct. On February 21, 2013, this bill was referred to the House Armed Services Committee,
Subcommittee on Military Personnel.
February 13, 2013 – H.R. 671, the Ruth Moore Act of 2013, was introduced in the House, and
related bill, S. 294, in the Senate. It was named for a Navy veteran who suffered depression and
battled homelessness after she was raped twice by the same supervisor in 1987. This legislation
directs the Secretary of Veterans Affairs (VA) in any case in which a veteran claims that a covered
mental health condition was “incurred in or aggravated by military sexual trauma during active
duty,” to accept as sufficient proof of service-connection a diagnosis by a mental health
professional including a “covered mental health condition” for post-traumatic stress disorder,
anxiety, depression, or any other mental health diagnosis that the Secretary determines to be
related to military sexual trauma (MST). It also requires the VA Secretary to report annually to
Congress on covered claims submitted from 2014 to 2018.
March 5, 2013 – H.R. 975, the Servicemember Mental Health Review Act, was introduced. This
bill would amend title 10, United States Code, to extend the duration of the Physical Disability
Board of Review and to the expand the authority of such Board to review the separation of
members of the Armed Forces on the basis of a mental condition not amounting to disability,
including separation on the basis of a personality or adjustment disorder. This would include a
review of those victims who have suffered military sexual trauma. On March 26, 2013, this bill
was referred to the House Subcommittee on Military Personnel.
March 13, 2013 – S. 548, Military Sexual Assault Prevention Act of 2013, was introduced, read
twice, and referred to the Senate Armed Services Committee. This legislation aims to amend title
10, United States Code, and to improve capabilities of the Armed Forces to prevent and respond
to sexual assault and sexual harassment in the Armed Forces.
March 13, 2013 – Victims of sexual assault in the military testified before a Senate panel
examining the military’s handling of sexual assault cases and stated that the “military justice
system is broken.” They urged Congress to make changes in the law that would stem the rape,
sexual assault, and sexual harassment that they said are pervasive in the service branches.30
Several male Navy veterans testified before the Senate Armed Service Committee’s military
personnel panel investigating sexual assaults in the military. One recounted that he was raped in
2000 by a higher-ranking petty officer aboard a submarine. He told the committee that he carries
permanent shame not for the sexual assault but over how the Navy forced him to leave. He stated
in his testimony, “I carry my discharge as an official and permanent symbol of shame, on top of
the trauma of the physical attack, the retaliation and its aftermath.”31
March 20, 2013 – S. 628, Servicemember Mental Health Review Act, was introduced, read twice
and referred to the Committee on Armed Services. Related to H.R. 975, this bill would amend
30
Richard Lardner and Donna Cassata, “Military Sexual Assault Victims Detail Humiliation,” Associated Press, March
13, 2013, at http://www.military.com/daily-news/2013/03/13/military-sexual-assault-victims-detail-humiliation.html
31
Rick Maze, “Sailor: Navy Compounded Shame After Sex Assault,” Navy Times, March 13, 2013, at
http://www.navytimes.com/article/20130313/NEWS05/303130018/Sailor-Navy-compounded-shame-after-sex-assault
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title 10, United States Code, to extend the duration of the Physical Disability Board of Review
and to the expand the authority of such Board to review the separation of members of the Armed
Forces on the basis of a mental condition not amounting to disability, including separation on the
basis of a personality or adjustment disorder. This would include a review of those victims who
may have suffered military sexual trauma.
April 17, 2013 – H.R. 1593, Sexual Assault Training Oversight and Prevention (STOP) Act, was
introduced. This bill seeks to amend title 10, United States Code, by establishing a Sexual Assault
Oversight and Response Council and an enhanced Sexual Assault Oversight and Response Office
“to improve the prevention of and response to sexual assault in the Armed Forces, and by
requiring the appointment of a Director of Military Prosecutions for sexual-related offenses
committed by a member of the Armed Forces.” On May 6, 2013, the bill was referred to the
House Subcommittee on Military Personnel.
April 26, 2013 – A U.S. senator reportedly put a hold on the nomination of Air Force Lt. Gen.
Susan Helms, tapped to serve as vice commander of the U.S. Space Command. Earlier in
February 2012, Gen. Helms rejected the recommendation of legal counsel and overturned the
conviction of an Air Force captain who had been found guilty of aggravated sexual assault of a
female lieutenant.32
May 7, 2013 – S. 871, Combating Military Sexual Assault Act of 2013, was introduced, read
twice and referred to the Committee on Armed Services. This legislation aims to provide any
victim with a special military lawyer who would assist them throughout the process, prohibit
sexual contact between instructors and trainees during and within 30 days of completion of basic
training or its equivalent, and ensure that sexual assault response coordinators are available to
help members of the National Guard and Reserve.
May 7, 2013 – H.R. 1864, to amend title 10, United States Code, to require an Inspector General
investigation of allegations of retaliatory personnel actions taken in response to making protected
communications regarding sexual assault, was introduced and referred to the House Armed
Services Committee. This bill requires the Inspector General of the Department of Defense
(DOD), the Department of Homeland Security (DHS) with respect to the Coast Guard, or any of
the military departments to investigate allegations of retaliatory personnel actions taken in
response to making protected communications regarding alleged instances of rape, sexual assault,
or other forms of sexual misconduct in violation of the Uniform Code of Military Justice.
May 7, 2013 – At the Senate Armed Services Committee, Subcommittee on Personnel hearing
Gen. Mark Welsh, the Air Force’s Chief of Staff, told the committee that he and Air Force
Secretary Michael Donley were “appalled” by the charges against Lt. Col. Jeffrey Krusinski,
branch chief of the Air Force’s Sexual Assault and Prevention Office. He was arrested and
charged by Arlington County, VA, police for allegedly being drunk and groping a woman in a
parking lot one mile from the Pentagon. A judge has set a July 18 trial date for Krusinski. “Sexual
assault prevention and response efforts are critically important to us,” Welsh said. “It is
unacceptable that this occurs anywhere, at any time, in our Air Force.”33
32
Donna Cassata, “Senator Puts Hold on AF General’s Promotion,” Associated Press, April 26, 2013, at
http://www.military.com/daily-news/2013/04/26/senator-puts-hold-on-af-lt-generals-promotion.html
33
Lolita C. Baldor and Donna Cassata, “Military Sex Assault Reports are up, Changes Ordered,” Army Times, May 7,
2013, at http://www.armytimes.com/article/20130507/NEWS/305070017/Military-sex-assault-reports-up-changes(continued...)
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May 8, 2013 – H.R. 1867, the Better Enforcement for Sexual Assault Free Environments (BE
SAFE) Act of 2013, was introduced, read twice, and referred to the House Armed Services
Committee. This bill seeks to amend title 10, United States Code, “to require an Inspector
General investigation of allegations of retaliatory personnel actions taken in response to making
protected communications regarding sexual assault.” This bill would ensure those found guilty of
rape, sexual assault, sodomy, or an attempt to commit any of those crimes, are—at a minimum—
dismissed or dishonorably discharged from the military. The five-year statute of limitations within
the military’s justice system for sexual assault cases would be eliminated, and legal assistance
services available to victims would be expanded.34
May 8, 2013 – In a hearing of the Defense Subcommittee of the Senate Appropriations
Committee, senators questioned the Air Force’s top leaders over rising sexual assaults in the
military and the recent removal of more than a dozen officers from overseeing the country’s most
powerful nuclear missiles.35 Some senators cited DOD statistics from the Annual Report on
Sexual Assault in the Military 2012 on the number of incidents of sexual assaults the same week
Lt. Col. Jeffrey Krusinski, Chief of the Air Force’s Sexual Assault Prevention and Response
Branch, was arrested and charged with sexual battery.
May 9, 2013 – A hearing of the Defense Subcommittee of the House Appropriations Committee
on the Air Force budget was held. Witnesses included Michael Donley, Secretary of the Air Force,
and General Mark Welsh, Air Force Chief of Staff. Members of the committee questioned them
on Defense Secretary Hagel’s review of the decision by Lt. Gen. Craig Franklin to dismiss Lt.
Col. James Wilkerson’s sexual assault conviction.
May 14, 2013 – H.Res. 213, a bill to establish the “Special Committee on Sexual Assault and
Abuse in the Armed Forces” was introduced. A bipartisan “Dear Colleague” memorandum urged
support of this legislation referencing Gen. Martin Dempsey’s denouncement of military sexual
assault as a “crisis” and the need for Congress to address this problem in a “deeper, more
comprehensive manner.” This Special Committee would include 19 members appointed by the
Speaker and Minority Leader, as well as chairman and ranking members of the committees on
Armed Services, Appropriations, Judiciary, and Oversight and Government Reform.
May 14, 2013 – H.R. 1960, a bill to authorize appropriations for FY2014 for military activities of
the Department of Defense, for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes,
was introduced. The FY2014 NDAA addresses the issue of sexual assault in the military by
establishing minimum sentencing guidelines for any service members found guilty of sexual
assault.
May 15, 2013 – H.R. 1986, Sexual Assault Nurse Examiner (SANE) Deployment Act, was
introduced. This bill would provide for the assignment of Sexual Assault Nurse Examiners-
(...continued)
ordered
34
Megan Scully, “Pressure Building to Address Military Sexual Assault in Defense Bill,” Roll Call, May 9, 2013,
http://www.rollcall.com/news/pressure_building_to_address_military_sexual_assault_in_defense_bill-224671-1.html
35
Brendan McGarry, “Lawmakers Grill Officials Over Sex Assaults, Nukes,” DODBuzz.com, May 8th, 2013, at
http://www.dodbuzz.com/2013/05/08/lawmakers-grill-officials-over-sex-assaults-nukes/
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Adult/Adolescent to brigades and equivalent units of the Armed Forces. It was later referred to
the House Committee on Armed Service, Subcommittee on Military Personnel.
May 15, 2013 – H.R. 2002, Combating Military Sexual Assault Act of 2013, was introduced and
referred to the House Committee on Armed Services. This bill is related to S. 871, and would
provide any sexual assault victim with a special military lawyer who would assist them
throughout the process, prohibit sexual contact between instructors and trainees during and within
30 days of completion of basic training or its equivalent, and ensure that sexual assault response
coordinators are available to help members of the National Guard and Reserve.
May 15, 2013 – At a news conference, a U.S. senator stated, “clearly our system is broken,” in
response to the numerous sexual assault and sexual harassment cases in the armed services,
including two cases involving service members who led programs that were supposed to prevent
and respond to such attacks. The senator was flanked by other senators and House members
backing legislation to let military prosecutors who are outside the chain of command decide
whether to take cases to a court-martial. 36
May 16, 2013 – H.R. 2016, Military Justice Improvement Act of 2013, was introduced and
referred to the Committee on Armed Services. This bill would “require a commanding officer
who receives a report of a sexual-related offense involving a member in such officer’s chain of
command to act immediately upon such report by way of referral to the appropriate criminal
investigative office or service.” This bill is related to S. 538, Military Sexual Assault Prevention
Act of 2013, and S. 967, Military Justice Improvement Act of 2013.
May 16, 2013 – S. 967, Military Justice Improvement Act of 2013, was introduced, read twice,
and referred to the Committee on Armed Services. This bill would require a commanding officer
who receives a report of a sexual-related offense involving a member in such officer’s chain of
command to act immediately upon such report by way of referral to the appropriate criminal
investigative office or service.
May 17, 2013 – H.R. 671, the Ruth Moore Act of 2013, was reported (Amended) by the
Committee on Veterans’ Affairs as H.Rept. 113-63, and placed on the Union Calendar, No. 38.
May 21, 2013 – S. 992, A bill to provide for offices on sexual assault prevention and response
under the Chiefs of Staff of the Armed Forces, to require reports on additional offices and
selection of sexual assault prevention and response personnel, and for other purposes. This bill
was read twice and referred to the Committee on Armed Services.
May 22, 2013 – A House panel passed sweeping changes in sexual assault prevention programs
with less command flexibility in reducing or dismissing rape and assault charges and wider
support for victims. The House Armed Services Subcommittee on Military Personnel approved
the personnel issues as part of H.R. 1960, the FY2014 Defense Authorization bill.37
36
David Lerman and Gopal Ratnam, “Ex-Assault Cases Taken From Commanders Under Proposal,” Bloomberg News,
May 16, 2013, at http://www.bloomberg.com/news/2013-05-15/army-sergeant-said-to-get-soldier-to-work-asprostitute.html
37
House Armed Services Committee, Defense Drumbeat Blog at http://armedservices.house.gov/index.cfm/defensedrumbeat-blog?ContentRecord_id=7d082201-55c9-451b-be84-18b463cc14ed
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May 22, 2013 – The Senate Appropriations Subcommittee on Defense held a hearing on the
Army’s Fiscal Year 2014 Budget Request. Witnesses included Secretary of the Army, John
McHugh and Chief of Staff of the Army, General Raymond T. Odierno. U.S. Army Secretary
McHugh announced at this hearing that the service will soon require soldiers being considered for
sexual assault prevention jobs to undergo behavioral-health evaluations as a way of screening out
potential sex offenders from these high-profile positions.38 This was in response to a senator’s
question about the criteria for sexual assault prevention jobs. McHugh said that service record
and availability are the only criteria commanders are using to fill these jobs since sexual-assault
prevention positions do not fall under any military occupational specialty and lack any kind of
career incentives.39
May 23, 2013 – S. 1032, Better Enforcement for Sexual Assault Free Environments Act of 2013,
was introduced, read twice and referred to the Committee on Armed Services. This bill would
amend title 10, United States Code, to make certain improvements in the Uniform Code of
Military Justice related to sex-related offenses committed by members of the Armed Forces, and
for other purposes.
June 4, 2013 – The House passed H.R. 671, the Ruth Moore Act of 2013, by voice vote. This bill
recommends that the VA update its guidelines for handling disability claims related to sexual
assault. The version that passed “ensures only that the VA will review its protocols for handling
military sexual trauma,” and it applies pressure on the VA to change them.40
June 4, 2013 – The uniformed chiefs of the Army, Navy, Air Force, Marine Corps, and Coast
Guard appeared before a hearing of the Senate Armed Services Committee, Subcommittee on
Military Personnel. These military leaders acknowledged that despite a “zero tolerance” for
sexual abuse, they had neglected the “epidemic” in the ranks by not always monitoring
subordinate commanders. Competing demands and pressures of fighting two wars in Iraq and
Afghanistan over the past 12 years were also given by the Chairman of the Joint Chiefs of Staff,
Army Gen. Martin Dempsey, as reasons for their lack of monitoring. They voiced support for
legislative changes that would take tougher action against offenders and provide more support for
victims of military sexual assault. However, they opposed a legislative proposal that would
remove unit commanders’ legal power to oversee major criminal cases and transfer that authority
to uniformed prosecutors.41 The Army Chief of Staff, Gen. Ray Odierno, noted that taking away
commanders’ authority in matters of military justice would adversely impact discipline and that
“we cannot, however, simply ‘prosecute’ our way out of this problem. At its heart, sexual assault
is a discipline issue that requires a culture change.”42
June 4, 2013 – S. 1092 was introduced, read twice, and referred to the Senate Armed Services
Committee. This bill would amend title 10, United States Code, to require an Inspector General
38
Matthew Cox, “Army to Screen Sexual Assault Prevention Leaders,” Military.com, May 22, 2013, at
http://www.military.com/daily-news/2013/05/22/army-to-screen-sexual-assault-prevention-leaders.html
39
Ibid.
40
Patricia Kime, “House OKs Easing VA Rules for Sex Assault Disability Claims,” Marine Corps Times, June. 5,
2013, at http://www.marinecorpstimes.com/article/20130605/NEWS05/306050026/House-OKs-easing-VA-rules-sexassault-disability-claims
41
Craig Whitlock, “U.S. Military Chiefs Balk at Taking Sex-Assault Cases out of Commanders’ Hands,” Washington
Post, June 5, 2013, at http://www.washingtonpost.com/world/national-security/us-military-chiefs-balk-at-taking-sexassault-cases-out-of-commanders-hands/2013/06/03/0af4f976-cc85-11e2-ac03-178510c9cc0a_story.html?hpid=z1
42
Ibid.
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investigation of allegations of retaliatory personnel actions taken in response to making protected
communications regarding sexual assault.
June 6, 2013 – The House Armed Services Committee passed H.R. 1960, the National Defense
Authorization Act (NDAA) for Fiscal Year 2014, by a vote of 59-2. According to the Committee’s
FY14 NDAA Fact Sheet, “the FY14 NDAA would allow victims of sexual assault to apply for a
permanent change of station or unit transfer, while authorizing the Secretary of Defense to inform
commanders of their authority to remove or temporarily reassign service members who are the
alleged perpetrators of sexual assault. It also requires the provision of victims’ counsels, qualified
and specially trained lawyers in each of the services, to be made available to provide legal
assistance to the victims of sex-related offenses. The FY14 NDAA adds rape, sexual assault, or
other sexual misconduct to the protected communications of service members with a Member of
Congress or an Inspector General.”43
June 14, 2013 – The House passed H.R. 1960, the FY2014 Defense Authorization bill, by a vote
of 315 to 108 ((Roll no. 244). This bill includes a provision protecting victims of sexual assault in
the Armed Forces as protected communications under military whistle-blower laws, to shield
victims against retaliatory actions. The measure seeks to encourage more victims to report
assaults, rape and other forms of sexual misconduct.
June 17, 2013 – H.R. 2397, “Department of Defense Appropriations Act, 2014,” was introduced
and referred to the House Committee on Appropriations. It was reported as an original measure,
H.Rept. 113-113. Lawmakers wrote in this Committee report on p.15 (or PDF p.25) they are
“outraged by the pervasive problem of sexual assault in the Armed Forces. Sexual assault is not
just an issue in the military; it is an epidemic. To address it, the Committee believes that there
must be a culture change at every level of the military, from the most senior leadership to the
most junior ranks.” Included is a measure that would provide $182 million for the Pentagon’s
Sexual Assault Prevention and Response Office (SAPRO) and for an expansion of a victim’s
counseling program. For fiscal 2013 year, the programs received $95 million. The bill includes
$25 million that was not requested by the administration in a transfer account to expand
assistance across the Defense Department. See p.17 (PDF p.27) in H.Rept. 113-113 for details.
June 20, 2013 – S. 1197, National Defense Authorization Act for Fiscal Year 2014, was
introduced. This bill “authorizes appropriations for fiscal year 2014 for military activities of the
Department of Defense, for military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes,” and
referred to the Committee on Armed Services. The original measure was reported to the Senate in
Report No. 113-44 and placed on the Legislative Calendar under General Orders (Calendar No.
91). Included in this bill is Title V—Military Personnel Policy, Subtitle E—Sexual Assault
Prevention and Response and Military Justice.44
June 21, 2013 – Two U.S. senators wrote a letter to VA Secretary Eric Shinseki to step up efforts
to provide care and benefits for veterans who experienced sexual assault in the military. The letter
43
House Armed Services Committee, Fact Sheet: H.R. 1960 National Defense Authorization Act for Fiscal Year 2014,
June 6, 2013, at http://armedservices.house.gov/index.cfm/files/serve?File_id=4161cd66-5e41-4d4e-a98f9cc1ddbcec91
44
Senate Committee on Armed Services, Markup of the National Defense Authorization Act for Fiscal Year 2014,
Press Release, June 14, 2013, at http://www.armed-services.senate.gov/press/upload/SASC_NDAA_06-14-13A.pdf
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requested VA to ensure that sexual assault victims “receive the care and benefits needed to
confront the emotional and physical consequences of this horrific experience.”45
June 27, 2013 – H.R. 1864, a bill “To amend title 10, United States Code, to require an Inspector
General investigation of allegations of retaliatory personnel actions taken in response to making
protected communications regarding sexual assault,” was agreed to/passed in the House, 423 - 0
(Roll no. 294).
July 19, 2013 – House Veterans’ Affairs Committee, Subcommittee on Health, held a hearing on
“Safety for Survivors: Care and Treatment for Military Sexual Trauma.” Four service members
testified that the military and VA failed to provide adequate, timely access to health services and
counseling for sex assault victims. Earlier in July, the DoD Inspector General reported that more
than 10 percent of sexual assault allegations within the military are not adequately investigated.46
July 22, 2013 – H.R. 2777, Stop Pay for Violent Offenders Act, was introduced “to amend title
10, United States Code, to authorize the Secretaries of the military departments to suspend the
pay and allowances of a member of the Armed Forces who is held in confinement pending trial
by court-martial or by civil authority for any sex-related offense or capital offense.”
July 24, 2013 – H.Amdt. 408 to H.R. 2397, an amendment to provide funds to identify
individuals who were separated from the military on the grounds of a disorder subsequent to
reporting a sexual assault and, if appropriate, correcting their record. This amendment (A065)
was agreed to by voice vote.
July 24, 2013 – H.R. 2397, “Department of Defense Appropriations Act, 2014,” was
passed/agreed to in House, 315 - 109 (Roll no. 414).
Table 1. Key Bills in the 113th Congress
Bill Number and Title
Date
Introduced
Current Status
H.R. 430, Protect Our
Military Trainees Act.
1/25/2013
2/21/2013: Referred to the House Committee on Armed Services,
Subcommittee on Military Personnel.
H.R. 671/S. 294, Ruth
Moore Act of 2013.
2/13/2013
6/4/2013: H.R. 671 Passed/agreed to in House by voice vote.
6/6/2013: Received in the Senate and Read twice and referred to the
Committee on Veterans’ Affairs.
6/12/2013: Committee on Veterans' Affairs. Hearings held on. S. 294
S. 548, Military Sexual
Assault Prevention Act of
2013.
3/13/2013
3/13/2013: Read twice and referred to the Senate Committee on
Armed Services.
H.R. 1593, Sexual Assault
Training Oversight and
4/17/2013
4/17/2013: Referred to the House Committee on Armed Services.
5/6/2013: Referred to the Subcommittee on Military Personnel.
45
Senate Committee on Veterans’ Affairs, “Senators Say VA Must Do More for Military Sex Assault Victims,” June
21, 2013, at http://www.veterans.senate.gov/press-releases.cfm?action=release.display&release_id=84cf030a-96c7469b-a7cf-9bc4300e5cd9
46
DOD Inspector General, Joint Warfighting and Readiness Evaluation of the Military Criminal Investigative
Organizations Sexual Assault Investigations, July 9, 2013, at http://www.dodig.mil/pubs/report_summary.cfm?id=5227
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Bill Number and Title
Date
Introduced
Current Status
Prevention (STOP) Act.
S. 871, Combating Military
Sexual Assault Act of 2013.
5/7/2013
5/7/2013: Read twice and referred to the Senate Committee on
Armed Services.
H.R. 1864, To amend title
10, United States Code, to
require an Inspector General
investigation of allegations of
retaliatory personnel actions
taken in response to making
protected communications
regarding sexual assault.
5/7/2013
6/27/2013: Passed/agreed to in House, 423 - 0 (Roll no. 294).
H.R. 1867, Better
Enforcement for Sexual
Assault Free Environments
Act of 2013 (BE SAFE Act).
5/8/2013
6/8/2013: Referred to the House Committee on Armed Services.
6/20/2013: Referred to the Subcommittee on Military Personnel.
H.R. 1960, National Defense
Authorization Act for Fiscal
Year 2014.
5/14/2013
6/14/2013: Passed/agreed to in House by recorded vote: 315 - 108
(Roll no. 244).
H.R. 2002, Combating
Military Sexual Assault Act of
2013 (related to S. 871).
5/15/2013
5/15/2013: Referred to the House Committee on Armed Services.
6/20/2013: Referred to the Subcommittee on Military Personnel.
H.R. 2016/S. 967, Military
Justice Improvement Act of
2013.
5/16/2013
5/16/2013: H.R. 2016 Referred to the House Committee on Armed
Services.
6/20/2013: Referred to the Subcommittee on Military Personnel.
7/8/2013 Referred to Senate committee: Received in the Senate and
Read twice and referred to the Committee on Armed Services.
7/8/2013 Received in the Senate. Read twice. Placed on Senate
Legislative Calendar under General Orders. Calendar No. 126.
5/16/2013: S.967 Read twice and referred to the Senate Committee
on Armed Services.
S. 1032/H.R. 2207, Better
Enforcement for Sexual
Assault Free Environments
Act of 2013 (BE SAFE Act),
related to H.R.1867.
5/23/2013
5/23/2013: S.1032 Read twice and referred to the Senate
Committee on Armed Services.
S. 1092, A bill to amend title
10, United States Code, to
require an Inspector General
investigation of allegations of
retaliatory personnel actions
taken in response to making
protected communications
regarding sexual assault.
6/4/2013
6/4/2013: Read twice and referred to the Senate Committee on
Armed Services.
H.R. 2397, Department of
Defense Appropriations Act,
2014
6/17/2013
6/17/2013 The House Committee on Appropriations reported an
original measure, H. Rept. 113-113.
7/24/2013 Passed/agreed to in House 315 - 109 (Roll no. 414).
S. 1197, National Defense
Authorization Act for Fiscal
Year 2014
6/20/2013
H.R. 2777, Stop Pay for
Violent Offenders Act.
7/22/2013
6/20/2013 Committee on Armed Services. Original measure
reported to Senate with written report No. 113-44. Placed on
Senate Legislative Calendar under general Orders (Calendar No.
91).
7/22/2013: Referred to the House Committee on Armed Services.
5/23/2013: H.R.2207 Referred to the House Committee on Armed
Services.
Sources: LIS at http://www.congress.gov and http://CQ.com
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Resources
Below are selected sources related to the events and legislation in this report.
Government Sources
Department of Defense
Air Force, AETC Commander’s Report to the Secretary of the Air Force Review of Major
General Woodward’s Commander Directed Investigation, November 2, 2012, 61 p. at
http://www.af.mil/shared/media/document/AFD-121114-056.pdf
Air Force, APPENDIX A: Commander Directed Investigation Report, Developing America’s
Airmen: A Review of Air Force Enlisted Training, August 22, 2012, 180 p. at http://www.af.mil/
shared/media/document/AFD-121114-057.pdf
Air Force Judge Advocates General (JAG) Corps at http://www.afjag.af.mil/
sexualassaultprosecution/index.asp
Air Force JAG reports on sexual assault prosecution information including the report, Air Force
Sexual Assault Courts-Martial 2010-2012 Significant Convictions, at http://www.afjag.af.mil/
shared/media/document/AFD-120723-024.pdf
DOD Inspector General (IG). Joint Warfighting and Readiness Evaluation of the Military
Criminal Investigative Organizations Sexual Assault Investigations, DODIG-2013-091, July 9,
2013, 104 p. at http://www.dodig.mil/pubs/documents/DODIG-2013-091.pdf
DOD News Releases at http://www.defense.gov/releases/ and DOD Transcripts at
http://www.defense.gov/transcripts/
Secretary Hagel’s Memorandum, “Sexual Assault Prevention and Response,” May 6, 2013, at
http://www.sapr.mil/media/pdf/reports/SecDef_SAPR_Memo_Strategy_Atch_06052013.pdf
Sexual Assault Awareness and Prevention (SAPR) Website at http://www.defense.gov/home/
features/2012/0912_sexual-assault/ and SPAR news releases at http://www.sapr.mil/index.php/
news
Sexual Assault Prevention and Response Organization (SAPRO) at http://www.sapr.mil/
Includes the full text of DOD Annual Reports, FY2004 - FY2012, and reports on Sexual
Harassment and Violence at the U.S. Military Service Academies, Academic Program Years
(APY) 2005-2012. There are also links to each of the services’ sexual assault prevention and
response offices at the bottom of the website.
Sexual Assault Prevention and Response Initiatives at http://www.defense.gov/news/
DoDSexualAssaultPreventionandResponseInitiatives.pdf
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Government Accountability Office (GAO)
DOD Has Taken Steps to Meet the Health Needs of Deployed Servicewomen, but Actions Are
Needed to Enhance Care for Sexual Assault Victims, GAO-13-182, January 29, 2013, 40 p.
http://www.gao.gov/assets/660/651624.pdf
Prior GAO Work on DOD’s Actions to Prevent and Respond to Sexual Assault in the Military,
GAO-12-571R, Mar 30, 2012, 40 p. http://www.gao.gov/assets/590/589780.pdf
Preventing Sexual Harassment: DOD Needs Greater Leadership Commitment and an Oversight
Framework, GAO-11-809, Sep 21, 2011, 47 p. http://www.gao.gov/assets/590/585344.pdf
Military Justice: Oversight and Better Collaboration Needed for Sexual Assault Investigations
and Adjudications, GAO-11-579, Jun 22, 2011, 42 p. http://www.gao.gov/products/GAO-11-579
VA Health Care: Actions Needed to Prevent Sexual Assaults and Other Safety Incidents, GAO-11530, June 7, 2011, 78 p. http://www.gao.gov/assets/320/319342.pdf
Veterans Affairs (VA)
Military Sexual Trauma (MST) website at http://www.mentalhealth.va.gov/msthome.asp
MST is the term that the VA uses to refer to “sexual assault or repeated, threatening sexual
harassment that occurred while the veteran was in the military.” Both men and women can
experience MST during their service. This site also offers links to provide support for MST
victims and guidance on reporting MST using the online tools: After Deployment, MyDuty.mil
and the DOD Safe Line, under the tab “Other Resources.”
Disability Compensation for Personal Assault or Military Sexual Trauma (MST) Fact Sheet at
http://benefits.va.gov/BENEFITS/factsheets/serviceconnected/MST.pdf
White House
Press Office, Official Statements and News Releases at http://www.whitehouse.gov/briefingroom/statements-and-releases
Selected Articles, Studies and Reports
Military.com has an ongoing list of the latest news on incidents of military sexual assault across
the U.S. armed services at http://www.military.com/topics/sexual-assault.
News Articles
Note: The following news sources are listed in chronological order to make it easier to follow the
numerous incidents and cases reported in the media since June 2012.
Montgomery, Nancy. “Johnson Found Guilty of Last Two Counts; Awaits Sentencing.” Stars and
Stripes, June 13, 2012, at http://www.stripes.com/news/johnson-found-guilty-of-last-two-countsawaits-sentencing-1.180204
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McConnell, Dugald. “Air Force Base Reports More Sexual Misconduct Charges.” CNN, June 27,
2012, at http://www.cnn.com/2012/06/27/justice/texas-air-base-charges/index.html
Carroll, Chris. “Air Force has Identified 31 Alleged Victims in Lackland Sex Abuse Scandal,”
Stars and Stripes, June 28, 2012, at http://www.stripes.com/news/air-force-has-identified-31alleged-victims-in-lackland-sex-abuse-scandal-1.181597
Whitlock, Craig. “Air Force Investigates Growing Sex-Abuse Scandal,” Washington Post, June
28, 2012, at http://www.washingtonpost.com/world/national-security/air-force-investigatesgrowing-sex-abuse-scandal/2012/06/28/gJQAutm39V_story.html?tid=pm_world_pop
Dao, James. “Instructor for Air Force Is Convicted in Sex Assaults,” New York Times, July 20,
2012, at http://www.nytimes.com/2012/07/21/us/lackland-air-force-base-instructor-guilty-of-sexassaults.html?pagewanted=all&_r=0
Nancy Montgomery, “Former Aviano IG is Found Guilty in Sexual Assault Case,” Stars and
Stripes, November 2, 2012, at http://www.stripes.com/news/former-aviano-ig-is-found-guilty-insexual-assault-case-1.195656
Dao, James. “Instructor for Air Force Is Convicted in Sex Assaults,” New York Times, July 20,
2012, at http://www.nytimes.com/2012/07/21/us/lackland-air-force-base-instructor-guilty-of-sexassaults.html?pagewanted=all&_r=0
Blansett, Susan and Hoffman, Michael. “Sexual Assault Cases Flood Military Courts,”
Military.com, August 13, 2012, at http://www.military.com/daily-news/2012/08/13/sex-assaultcases-flood-military-courts.html
Montgomery, Nancy. “Former IG gets 1-year Sentence, Dismissal for Sexual Assault.” Stars and
Stripes, November 3, 2012, at http://www.stripes.com/news/former-ig-gets-1-year-sentencedismissal-for-sexual-assault-1.195865
Lamance, Rick. “Air Force to Provide Dedicated Legal Counsel to Sexual Assault Victims,” Air
Force News Service, 1/5/2013, at http://www.af.mil/news/story.asp?id=123331538
Risen, James. “Honor Betrayed: Attacked at 19 by an Air Force Trainer, and Speaking Out,” New
York Times, February 26, 2013, at http://www.nytimes.com/2013/02/27/us/former-air-forcerecruit-speaks-out-about-rape-by-her-sergeant-at-lackland.html?pagewanted=all
Risen, James. “Hagel to Open Review of Sexual Assault Case,” New York Times, March 11, 2013,
at http://www.nytimes.com/2013/03/12/us/politics/hagel-to-open-review-of-sexual-assaultcase.html?_r=0
Mulrine, Anne. “Seeking the Sex-Assault Solution,” Air Force Magazine, April 2013, at
http://www.airforcemag.com/MagazineArchive/Pages/2013/April%202013/0413solution.aspx
“5 Former Lackland Commanders Disciplined,” Military.com, May 2, 2013, at
http://www.military.com/daily-news/2013/05/02/5-former-lackland-commanders-disciplined.html
Christenson, Sig. “Female Lackland Trainer Gets Jail Sentence.” San Antonio Express-News, May
3, 2013, at http://www.mysanantonio.com/news/military/article/Female-Lackland-trainer-getsjail-sentence-4483347.php#ixzz2VB5TGPfs
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Kime, Patricia. “Lawmakers Act Fast with New Legislation on Military Sexual Assault.” Army
Times, May 7, 2013, at http://www.armytimes.com/article/20130507/NEWS/305070033/
Lawmakers-act-fast-new-legislation-military-sexual-assault
Tilghman, Andrew. “Hagel: Troops’ Workplaces will be Checked for ‘Degrading’ Images of
Women,” Army Times, May 7, 2013, at http://www.armytimes.com/article/20130507/NEWS/
305070032
Shapira, Ian. “July Trial Set for Jeffrey Krusinski, Air Force Officer Accused of Sexual Battery.”
Washington Post, May 9, 2013, at http://failover.washingtonpost.com/local/july-trial-set-for-airforce-officer-accused-of-sexual-battery/2013/05/09/8a21eb92-b8d9-11e2-92f3f291801936b8_story.html
Steinhauer, Jennifer. “Lawmakers, at White House, Discuss Sex Abuse in Military.” New York
Times, May 9, 2013, at http://www.nytimes.com/2013/05/10/us/politics/lawmakers-huddle-atwhite-house-on-sex-abuse-in-military.html?_r=0
Whitlock, Craig. “Pentagon Grapples with Sex Crimes by Military Recruiters,” Washington Post,
May 12, 2013, at http://articles.washingtonpost.com/2013-05-12/world/39210853_1_militaryrecruiters-sexual-abuse-army-reserve
Sisk, Richard. “Assault Prevention NCO Investigated for Sex Crimes.” Military.com, May 15,
2013, at http://www.military.com/daily-news/2013/05/15/assault-prevention-nco-investigated-forsex-crimes.html
Whitlock, Craig. “Some in Congress want Changes in Military Law as a Result of Sex Scandals,”
Washington Post, May 15, 2013, at http://www.washingtonpost.com/world/national-security/
some-in-congress-want-changes-in-military-law-as-result-of-sex-crimes/2013/05/15/672a2a8abd8b-11e2-a31d-a41b2414d001_story.html
Sisk, Richard. “Sex Assault Crisis Pushes Senate to Overhaul UCMJ,” Military.com, May 16,
2013, at http://www.military.com/daily-news/2013/05/16/sex-assault-crisis-pushes-senate-tooverhaul-ucmj.html
Gould, Joe. “Fort Jackson 1-Star Suspended Amid Misconduct Allegations,” Army Times, May
21, 2013, at http://www.armytimes.com/article/20130521/NEWS/305210049/Fort-Jackson-1-starsuspended-amid-misconduct-allegations
Tilghman, Andrew. “Dempsey: DOD May Have Become ‘Too Forgiving’ of Sexual Assault,”
Army Times, May 17, 2013, at http://www.armytimes.com/article/20130517/NEWS/305170030
Brady, Gen. Roger Brady (ret.). “Commentary: Telling Truths about Sexual Assault is Risky,” Air
Force Times, May. 21, 2013, at http://www.airforcetimes.com/article/20130521/NEWS01/
305210036/Commentary-Telling-truths-about-sexual-assault-risky
Salcedo, Michele. “Senator: Fire Commanders Allowing Sex Assault,” Army Times, May 26,
2013, at http://www.armytimes.com/article/20130526/NEWS/305260010/Senator-Firecommanders-allowing-sex-assault
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Tucker, Eric. “More Details Released on Annapolis Sex Assault Investigation: Allegations Made
Against Three Football Players,” Navy Times, May 30, 2013, at http://www.navytimes.com/
article/20130530/NEWS/305300031/Another-sex-assault-investigation-underway-Annapolis
Brown, Matthew Hay. “Former Academy Instructor Acquitted of Rape of Midshipman,”
Baltimore Sun, June 02, 2013, at http://articles.baltimoresun.com/2013-06-02/news/bs-md-markthompson-verdict-20130602_1_midshipman-croquet-match-naval-academy
Ylan Q. Mui and Theresa Vargas. “Naval Academy Deals with Fallout of Sexual Assault
allegations.” Washington Post, June 1, 2013, at http://www.washingtonpost.com/business/
economy/naval-academy-deals-with-fallout-of-sexual-assault-allegations/2013/06/01/e0fdbb8ccaed-11e2-9245-773c0123c027_story.html
Kime, Patricia. “House OKs Easing VA Rules for Sex Assault Disability Claims,” Marine Corps
Times, Jun. 5, 2013, at http://www.marinecorpstimes.com/article/20130605/NEWS05/306050026/
House-OKs-easing-VA-rules-sex-assault-disability-claims
Zengerle, Patricia. “U.S. Lawmakers Act to Limit Military Authority in Sex Assault Cases,”
Reuters, June 5, 2013, at http://www.reuters.com/article/2013/06/05/us-usa-military-sexassaultcongress-idUSBRE9541IG20130605
Editorial Board. “On Sexual Abuse in the Military, an Unsatisfying Response from Uniformed
Leaders.” Washington Post, June 7, 2013, at http://www.washingtonpost.com/opinions/themilitarys-unsatisfying-response-on-sexual-assault/2013/06/07/f9d105b2-ce24-11e2-8845d970ccb04497_story.html
Steinhauer, Jennifer. “Complex Fight in Senate over Curbing Military Sex Assaults,” New York
Times, June 14, 2013, at http://www.nytimes.com/2013/06/15/us/politics/in-senate-complex-fightover-curbing-sexual-military-assaults.html?pagewanted=all
Dao, James. “In Debate over Military Sexual Assault, Men Are Overlooked Victims,” New York
Times, June 23, 2013, at http://www.nytimes.com/2013/06/24/us/in-debate-over-military-sexualassault-men-are-overlooked-victims.html?pagewanted=all&_r=0
Samuelson, Darren and Anna Palmer. “How Pentagon Plays to Win: DOD Lawyers Helped Craft
Sex Assault Bill,” Politico, July 17, 2013, pp.1, 20.
Kime, Patricia. “DO, VA Failing to Treat Military Sexual Trauma, Veterans Testify,” Navy Times,
July 19, 2013, at http://www.navytimes.com/article/20130719/NEWS05/307190039
Shanker, Thom. “New Support for Military in Sex Cases,” New York Times, July 24, 2013, at
http://www.nytimes.com/2013/07/25/us/politics/new-support-for-military-in-sex-cases.html
Cassata, Donna, “Senator Targets Military Law over Sexual Assault,” Associated Press, July 29,
2013, at http://www.military.com/daily-news/2013/07/29/senator-targets-military-law-oversexual-assault.html?comp=7000023317843&rank=3
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Scholarly Journals, Reports and Studies (non-government)
Burgess, Ann W., Donna M. Slattery, and Patricia A. Herlihy. “Military Sexual Trauma: A Silent
Syndrome.” Journal of Psychosocial Nursing & Mental Health Services 51, no. 2 (2013): 20-6.
http://search.proquest.com/docview/1284640691?accountid=12084
Dunn, Catherine. “Air Force Deploys Special Victims’ Counsel in Sex-Abuse Cases,” Corporate
Counsel, June 4, 2013, at http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=
1202602665125&Air_Force_Deploys_Special_Victims_Counsel_in_SexAbuse_Cases&slreturn=
20130506153258
Farris, Coreen, Terry L. Schell and Terri Tanielian. Physical and Psychological Health Following
Military Sexual Assault: Recommendations for Care, Research, and Policy. Santa Monica, CA:
RAND Corporation, 2013. http://www.rand.org/pubs/occasional_papers/OP382
Firestone, Juanita M., Justin D. Hackett, and Richard J. Harris. “Testing Relationships between
Sex of Respondent, Sexual Harassment and Intentions to Reenlist in the U.S. Military.” Public
Administration Research 1, no. 1 (2012): 1-13. http://search.proquest.com/docview/1269464349?
accountid=12084
Firestone, Juanita M., J. M. Miller, and Richard Harris. “Implications for Criminal Justice from
the 2002 and 2006 Department of Defense Gender Relations and Sexual Harassment Surveys.”
American Journal of Criminal Justice: AJCJ 37, no. 3 (2012): 432-451.
http://search.proquest.com/docview/1030950218?accountid=12084
Forman-Hoffman, Valerie, Michelle Mengeling, Brenda M. Booth PhD., James Torner, and Anne
G. Sadler PhD. “Eating Disorders, Post-Traumatic Stress, and Sexual Trauma in Women
Veterans.” Military Medicine 177, no. 10 (2012): 1161-8. http://search.proquest.com/docview/
1270306409?accountid=12084
Harrell, Margaret C., Laura Werber, Marisa Adelson, Sarah J. Gaillot, Charlotte Lynch and
Amanda Pomeroy. A Compendium of Sexual Assault Research. Santa Monica, CA: RAND
Corporation, 2009. http://www.rand.org/pubs/technical_reports/TR617
Katz, Lori S., PhD., Geta Cojucar, Sayeh Beheshti, Erin Nakamura, and Michelle Murray.
“Military Sexual Trauma during Deployment to Iraq and Afghanistan: Prevalence, Readjustment,
and Gender Differences.” Violence and Victims 27, no. 4 (2012): 487-99.
http://search.proquest.com/docview/1035299802?accountid=12084
Lutwak, Nancy and Curt Dill. “Military Sexual Trauma Increases Risk of Post-Traumatic Stress
Disorder and Depression Thereby Amplifying the Possibility of Suicidal Ideation and
Cardiovascular Disease.” Military Medicine 178, no. 4 (2013): 359-61.
http://search.proquest.com/docview/1348852177?accountid=12084
Maguen S, Cohen B, Ren L, Bosch J, Kimerling R, Seal K. “Gender Differences in Military
Sexual Trauma and Mental Health Diagnoses Among Iraq and Afghanistan Veterans with
Posttraumatic Stress Disorder.” Womens Health Issues. Jan-Feb 2012; 22(1):e61-6.
Maguen S, Cohen B, Cohen G, Madden E, Bertenthal D, Seal K. “Gender Differences in Health
Service Utilization Among Iraq and Afghanistan Veterans with Posttraumatic Stress Disorder.”
Journal Womens Health. June 2012; 21(6):666-73.
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House and Senate Hearings
This chronological list of hearings was compiled from Congressional Quarterly (CQ.com) and the
Legislative Information System (LIS) at http://www.congress.gov.
House Armed Services Committee Holds Hearing on Sexual Misconduct at Lackland Air Force
Base, Panel 1, CQ Congressional Transcripts, 113th Congress (Event Date: 1/23/2013; 20,549
words) http://www.cq.com/doc/congressionaltranscripts-4208619 and http://www.gpo.gov/fdsys/
pkg/CHRG-113hhrg79490/html/CHRG-113hhrg79490.htm
House Armed Services Committee Holds Hearing on Sexual Misconduct at Lackland Air Force
Base, Panel 2, CQ Congressional Transcripts, 113th Congress (Event Date: 1/23/2013; 8,402
words) http://www.cq.com/doc/congressionaltranscripts-4208769
Senate Armed Services Subcommittee on Personnel Holds Hearing on Sexual Assault in the
Military, Panel 1, Final, CQ Congressional Transcripts, 113th Congress (Event Date: 3/13/2013;
3,501 words). http://www.cq.com/doc/congressionaltranscripts-4236378
Senate Armed Services Subcommittee on Personnel Holds Hearing on Sexual Assault in the
Military, Panel 2 , Final, CQ Congressional Transcripts, 113th Congress (Event Date: 3/13/2013;
18,064 words) http://www.cq.com/doc/congressionaltranscripts-4236426
Senate Armed Services Subcommittee on Personnel Holds Hearing on Sexual Assault in the
Military, Panel 3, Final, CQ Congressional Transcripts, 113th Congress (Event Date: 3/13/2013;
19,464 words) http://www.cq.com/doc/congressionaltranscripts-4236630
Senate Veterans’ Affairs Committee Holds Hearing on Mental Health Care for Veterans Final, CQ
Congressional Transcripts, 113th Congress (Event Date: 3/20/2013; 23,501 words).
http://www.cq.com/doc/congressionaltranscripts-4243343 [Note: This hearing discussed the high
rate of invisible wounds from service including military sexual trauma.]
House Appropriations Subcommittee on Defense Holds Hearing on President Obama’s Fiscal
2014 Budget Proposal for the U.S. Navy and Marine Corps, Final, CQ Congressional Transcripts,
113th Congress (Event Date: 5/7/2013; 23,839 words) http://www.cq.com/doc/
congressionaltranscripts-4270095
Senate Armed Services Committee Holds Hearing on the Proposed Fiscal 2014 Defense
Authorization as it Relates to the U.S. Air Force, Final, CQ Congressional Transcripts, 113th
Congress (Event Date: 5/7/2013; 27,714 words) http://www.cq.com/doc/congressionaltranscripts4270022
House Appropriations Subcommittee on Defense Holds Hearing on President Obama’s Fiscal
2014 Budget Proposal for the U.S. Army , Final, CQ Congressional Transcripts, 113th Congress
(Event Date: 5/8/2013; 18,656 words) http://www.cq.com/doc/congressionaltranscripts-4271288
Senate Appropriations Subcommittee on Defense Holds Hearing on President Obama’s Fiscal
2014 Budget Proposal for the U.S. Air Force, Final, CQ Congressional Transcripts, 113th
Congress (Event Date: 5/8/2013; 20,223 words). http://www.cq.com/doc/
congressionaltranscripts-4271120
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House Appropriations Subcommittee on Defense Holds Hearing on President Obama’s Fiscal
2014 Budget Proposal for the U.S. Air Force, Final, CQ Congressional Transcripts, 113th
Congress (Event Date: 5/9/2013; 19,163 words) http://www.cq.com/doc/congressionaltranscripts4272339
Senate Veterans’ Affairs Committee Holds Hearing on Pending Health Care Legislation, Final,
CQ Congressional Transcripts, 113th Congress (Event Date: 5/9/2013; 18,830 words)
http://www.cq.com/doc/congressionaltranscripts-4273575
Senate Armed Services Committee Holds Hearing on Armed Conflict and Military Force, Panel
1, Final, CQ Congressional Transcripts, 113th Congress (Event Date: 5/16/2013; 15,425 words)
http://www.cq.com/doc/congressionaltranscripts-4277156
Senate Armed Services Committee Holds Hearing on Armed Conflict and Military Force, Panel
2, Final, CQ Congressional Transcripts, 113th Congress (Event Date: 5/16/2013; 16,625 words)
http://www.cq.com/doc/congressionaltranscripts-4277290
Senate Armed Services Committee Holds Hearing on Pending Legislation to Deal with Sexual
Assaults in the Military, Panel 1, Final, CQ Congressional Transcripts, 113th Congress (Event
Date: 6/4/2013; 37,624 words) http://www.cq.com/doc/congressionaltranscripts-4288030
Senate Armed Services Committee Holds Hearing on Pending Legislation to Deal with Sexual
Assaults in the Military, Panel 2, Final, CQ Congressional Transcripts, 113th Congress (Event
Date: 6/4/2013; 19,277 words) http://www.cq.com/doc/congressionaltranscripts-4288243
Senate Armed Services Committee Holds Hearing on Pending Legislation to Deal with Sexual
Assaults in the Military, Panel 3, Final, CQ Congressional Transcripts, 113th Congress (Event
Date: 6/4/2013; 17,049 words) http://www.cq.com/doc/congressionaltranscripts-4288363
Senate Armed Services Subcommittee on Personnel Holds Markup on its Portion of the Draft
Fiscal 2014 Defense Authorization Measure, Final, CQ Congressional Transcripts, 113th Congress
(Event Date: 6/11/2013; 3,556 words) http://www.cq.com/doc/congressionaltranscripts-4293442
House Veterans Affairs Subcommittee on Health Holds Hearing on Care and Treatment for
Military Sexual Trauma, Panel 1 , Final, CQ Congressional Transcripts, 113th Congress (Event
Date: 7/19/2013; 16,008 words) http://www.cq.com/doc/congressionaltranscripts-4318104
House Veterans’ Affairs Subcommittee on Health Holds Hearing on Care and Treatment for
Military Sexual Trauma, Panel 2, Final, CQ Congressional Transcripts, 113th Congress (Event
Date: 7/19/2013; 8,164 words) http://www.cq.com/doc/congressionaltranscripts-4318272
House Veterans’ Affairs Subcommittee on Health Holds Hearing on Care and Treatment for
Military Sexual Trauma, Panel 3, Final, CQ Congressional Transcripts, 113th Congress (Event
Date: 7/19/2013; 3,669 words) http://www.cq.com/doc/congressionaltranscripts-4318320
House Armed Services Subcommittee on Military Personnel Holds Hearing on Women in the
Armed Services, Final, CQ Congressional Transcripts, 113th Congress (Event Date: 7/24/2013;
11,949 words) http://www.cq.com/doc/congressionaltranscripts-4321460
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House and Senate Reports
House. Committee on Veterans’ Affairs. H. Rept. 113-63, Ruth Moore Act of 2013, May 17, 2013,
15p. http://www.gpo.gov/fdsys/pkg/CRPT-113hrpt63/pdf/CRPT-113hrpt63.pdf
House. Committee on Armed Services. H. Rept. 113-102, National Defense Authorization Act for
Fiscal Year 2014 Report on H.R.1960 with Additional and Dissenting Views, June 7, 2013, 594p.
http://www.gpo.gov/fdsys/pkg/CRPT-113hrpt102/pdf/CRPT-113hrpt102.pdf
House. Committee on Appropriations. H. Rept. 113-113, National Defense Appropriations Act for
Fiscal Year 2014 to Accompany H.R. 2397 with Additional Views, June 17, 2013, 375p.
http://www.gpo.gov/fdsys/pkg/CRPT-113hrpt113/pdf/CRPT-113hrpt113.pdf
Senate. Committee on Armed Services. S. Rept. 113-44, National Defense Authorization Act for
Fiscal Year 2014 Report [TO ACCOMPANY S. 1197], June 20, 2013, 478p. http://www.gpo.gov/
fdsys/pkg/CRPT-113srpt44/pdf/CRPT-113srpt44.pdf See Title V – Military Personnel Policy,
Subtitle E—Sexual Assault Prevention and Response and Military Justice.
Websites (non-government)
Service Women Action Network (SWAN) at http://servicewomen.org/featured-topics/
According to this site, SWAN’s mission is “to transform military culture by securing equal
opportunity and freedom to serve without discrimination, harassment or assault; and to reform
veterans’ services to ensure high quality health care and benefits for women veterans and their
families.” Included is information on a SWAN briefing paper on military sexual assault at
http://servicewomen.org/wp-content/uploads/2012/04/SAPRO-briefing-report-4_17_12.pdf and
Military Sexual Trauma VA claims and testimony by SWAN members at congressional hearings
on sexual assault in the military at http://servicewomen.org/media/publications/#testimony.
Sexual Assault in the Military, Center for Deployment Psychology at
http://deploymentpsych.org/topics-disorders/sexual-assault-in-the-military. This website offers
links to related publications on posttraumatic stress disorder (PTSD) as a consequence of sexual
assault and links to non-government resources.
Author Contact Information
Barbara Salazar Torreon
Information Research Specialist
btorreon@crs.loc.gov, 7-8996
Acknowledgments
Ann Eschete and Jane Boyd, Reference Assistants, researched current hearings on sexual assault in the
military for this report.
Anne Leland, Information Research Specialist, provided additional journal and medical sources for this
report.
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